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View Full Version : April VB is officially out!


sandy_anand
03-12-2010, 02:23 PM
Visa Bulletin for April 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4747.html)

willIWill
03-12-2010, 02:30 PM
Thanks Sandy.

Important to note the section D in the bulletin which states the below:\

D. BACKGROUND INFORMATION ON FREQUENTLY MISUNDERSTOOD POINTS

Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. By no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, a significant amount of demand is received each month for applicants who have priority dates which are significantly earlier than the applicable cut-off dates. In addition, fluctuations in demand can cause cut-off date movement to slow, stop, or even retrogress. Retrogression is particularly possible near the end of the fiscal year as visa issuance approaches the annual limitations.

Per-country limit: The annual per-country limitation of 7% is a cap which visa issuances to any single country may not exceed. Applicants compete for visas primarily on a worldwide basis. The country limitation serves to avoid monopolization of virtually all the annual limitation by applicants from only a few countries. This limitation is not a quota to which any particular country is entitled, however.

Applicability of Section 202(a)(5): INA Section 202(a)(5), added by the American Competitiveness in the 21st Century Act, removed the per-country limit on Employment-based immigrants in any calendar quarter in which applicant demand for numbers in one or more Employment-based preferences is less than the total of such numbers available. In recent years, the application of Section 202(a)(5) has allowed countries such as China – mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused. Such numbers are provided strictly in priority date order without regard to the foreign state chargeability, and the same cut-off date applies to any country benefiting from this provision.

Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)

Furthermore, Section 202(a)(2) reads, “2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.” The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.

Allocation of visa numbers under Section 202(e) is accomplished as follows:

1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)

If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state’s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.

willIWill
03-12-2010, 02:38 PM
DOS/USCIS cannot even proof check what they have provided in the bulletin! That highlights their competency!!

Check the date in Section A:

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during April. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by May 9th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.

redcard
03-12-2010, 02:49 PM
Number 19
Volume IX
Washington, D.C.

VISA BULLETIN FOR APRIL 2010

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during April. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by May 9th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.


They delay the release of the visa bulletin and then make such stupid mistake...

Allocations were made, to the extent possible under the numerical limitations, for the demand received by May 9th in the chronological order of the reported priority dates.

Seems like they already have the bulletin's till June all they need is to make a change to the month.. So relax till July

coolmanasip
03-12-2010, 02:49 PM
Can the experts on the forum weed through this language to see if they have provided any explanation for how "spill over" is applied! I do not think they have provided any description of how spillover will be applied, except for the number that flow from family to employment.

any opinions.....does anything in this affect our calculations? qese, vin 13...any thoughts?

akilaakka
03-12-2010, 02:49 PM
WilWil,

Can you please simplify what all this means.

sroyc
03-12-2010, 02:56 PM
I think whoever started this prank about April 2010 should pat himself/herself in the back for the great execution. The rest, including me, need to get a life. Fortunately, the IPL has started.

willIWill
03-12-2010, 02:57 PM
WilWil,

Can you please simplify what all this means.
Basically that was one big explanation for why S.Korea got more EB visas without retrogressing (due to low FB usage).

Also, What DOS/USCIS is saying in a PC speak manner is, if not for the INA Section 202(a)(5) of AC 21 India & China would be Seriuosly Retrogressed (like last millenium or something) or unavailable, so guys don't complain be happy with what you got ?!!

That is what it is saying !!**&*^$*)$@#%@#!! :mad:

cbpds
03-12-2010, 03:10 PM
I would request all member and non members not to start threads about "upcoming visa bulletin" or "visa bulletin coming soon" .....This def creates unecessary hope to folks abt the priority dates when there wont be most of the time.

Admins please remove false "wolf has come" threads immediately

Moreover all members incl me should not respond to stupid visa bulleting coming today/tommorow threads as it increases hopes only to see them die once the bulletin is out.

Thanks

I think whoever started this prank about April 2010 should pat himself/herself in the back for the great execution. The rest, including me, need to get a life. Fortunately, the IPL has started.

immi_seeker
03-12-2010, 03:13 PM
thanks sandy.

Important to note the section d in the bulletin which states the below:\

d. Background information on frequently misunderstood points

applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. By no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, a significant amount of demand is received each month for applicants who have priority dates which are significantly earlier than the applicable cut-off dates. In addition, fluctuations in demand can cause cut-off date movement to slow, stop, or even retrogress. Retrogression is particularly possible near the end of the fiscal year as visa issuance approaches the annual limitations.

Per-country limit: The annual per-country limitation of 7% is a cap which visa issuances to any single country may not exceed. Applicants compete for visas primarily on a worldwide basis. The country limitation serves to avoid monopolization of virtually all the annual limitation by applicants from only a few countries. This limitation is not a quota to which any particular country is entitled, however.

Applicability of section 202(a)(5): Ina section 202(a)(5), added by the american competitiveness in the 21st century act, removed the per-country limit on employment-based immigrants in any calendar quarter in which applicant demand for numbers in one or more employment-based preferences is less than the total of such numbers available. In recent years, the application of section 202(a)(5) has allowed countries such as china – mainland born and india to utilize large amounts of employment first and second preference numbers which would have otherwise gone unused. Such numbers are provided strictly in priority date order without regard to the foreign state chargeability, and the same cut-off date applies to any country benefiting from this provision.

Applicability of section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)

furthermore, section 202(a)(2) reads, “2) per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.” the seven percent per-country limit specified in ina 202(a)(2) is considered to be for both family-sponsored and employment-based numbers combined.

Allocation of visa numbers under section 202(e) is accomplished as follows:

1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the family and employment preferences combined, that country would be considered oversubscribed. Both the family and employment preferences would be subject to the prorating provisions of ina 202(e)(1).
2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess family numbers would be made available to the employment preferences subject to the prorating provisions of ina 202(e)(1). Each of the first three employment categories would receive 28.6% of the excess numbers, and each of the fourth and fifth preference categories 7.1%. (fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the employment preferences but had excess demand in the family preferences.)

if a foreign state other than an oversubscribed country has little family preference demand but considerable employment preference demand, the otherwise unused family numbers fall across to employment (and vice versa) for purposes of that foreign state’s annual numerical limit. For example, in fy-2009 south korea used a grand total of 15,899 family and employment preference numbers, of which 1,688 were family numbers and 14,211 were employment numbers. This grand total was well within the fy-2009 per-country numerical limit of 25,620 family and employment numbers combined, so south korea was not oversubscribed. The unused family numbers were distributed within the employment categories, allowing south korea to be considerably over the 9,800 employment limit which would have been in effect had it been an oversubscribed country.


can somebody please translate this so that a layman can understand this

willIWill
03-12-2010, 03:18 PM
WilWil,

Can you please simplify what all this means.
Also to add.. what DOS/USCIS is saying is..
We really don't care if India and China are one third of the world population.

We really don't care if a good part of immigrant Professionals, Researchers, Professors, Scientists, Doctors,Engineers, Accountants, Programmers, Medical/health care professionals, Business & Arts people, Advanced degree students.. etc etc come from these two countries and contribute greatly towards the economy, tax base, talent pool, teaching research development etc etc..

We are still going to stick the 7% ticker on your head, same as Tuvalu, palau, nauru, tonga, vatican city, monaco or similar nations whose combined population doesn't exceed the number of professionals from I &C who come and contribute to the US of A every year!!

We also like to take this opportunity to remind you that a law enacted during the apartheid era still holds good !! So don't fret !!!

ksvreg
03-12-2010, 03:20 PM
can some one who knowledged on quota/spillover/countrylimit draw one or two flow charts?

One for Rules flow chart and another one for DOS flow chart based on current/past pattern. If both are same, one flow chart is fine.

Thanks

eb2_immigrant
03-12-2010, 03:24 PM
Number 19
Volume IX
Washington, D.C.

VISA BULLETIN FOR APRIL 2010

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during April. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by May 9th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.


They delay the release of the visa bulletin and then make such stupid mistake...

Allocations were made, to the extent possible under the numerical limitations, for the demand received by May 9th in the chronological order of the reported priority dates.

Seems like they already have the bulletin's till June all they need is to make a change to the month.. So relax till July

Come on, They can't proof read 2 pages even after July 07 fiasco, No wonder the Immigration process is screwed up. How bad should it get before USCIS/DOS wakes up? I know eggs and bacon would not do the trick .....

Abhinaym
03-12-2010, 03:27 PM
The country limitation serves to avoid monopolization of virtually all the annual limitation by applicants from only a few countries.

WTF? Now USCIS is providing justification for a legislative policy! Do they intend to say "Hey this is in our hands and that's why we're doing it"?

There must be some way to sue them for mistating their powers or misrepresenting facts.

Why o why do policies like this still remain in a country of equal opportunity? :confused: :(

ivgclive
03-12-2010, 04:43 PM
WilWil,

Can you please simplify what all this means.

"Forget your Green Card"

dval_dpal
03-12-2010, 09:10 PM
Also to add.. what DOS/USCIS is saying is..
We really don't care if India and China are one third of the world population.

We really don't care if a good part of immigrant Professionals, Researchers, Professors, Scientists, Doctors,Engineers, Accountants, Programmers, Medical/health care professionals, Business & Arts people, Advanced degree students.. etc etc come from these two countries and contribute greatly towards the economy, tax base, talent pool, teaching research development etc etc..

We are still going to stick the 7% ticker on your head, same as Tuvalu, palau, nauru, tonga, vatican city, monaco or similar nations whose combined population doesn't exceed the number of professionals from I &C who come and contribute to the US of A every year!!

We also like to take this opportunity to remind you that a law enacted during the apartheid era still holds good !! So don't fret !!!

its good one..but USCIS is fail body of US gov.
only one hope i see is.....
US people always go with large number...if you are large they will attract to you...
did you see how they(12million) want to pass CIR ....and i bet you its going to pass ....because its a large number....so get connect with them...they will be not ahead of us on greencard line ...but as soos as time pass those (12million) will ask gov to speed up process....and thts only solution....

thanks

immigrant2007
03-12-2010, 10:53 PM
WTF? Now USCIS is providing justification for a legislative policy! Do they intend to say "Hey this is in our hands and that's why we're doing it"?

There must be some way to sue them for mistating their powers or misrepresenting facts.

Why o why do policies like this still remain in a country of equal opportunity? :confused: :(

where did the numbers from 2003 to 2007 go?
pre baclokg and backlog era? Who got the GCs were there that many applications filed each year? Can we ever get that answer?

immigrant2007
03-12-2010, 10:55 PM
its good one..but USCIS is fail body of US gov.
only one hope i see is.....
US people always go with large number...if you are large they will attract to you...
did you see how they(12million) want to pass CIR ....and i bet you its going to pass ....because its a large number....so get connect with them...they will be not ahead of us on greencard line ...but as soos as time pass those (12million) will ask gov to speed up process....and thts only solution....

thanks
I can bet on it....EB3 retrogessed coutnries wont get benefit of Immigration reform. They are still going to get GC at thier normal time. Immigration reform is entirely for someone else.